Supreme Court agrees to hear petition on Section 377


Christian church body and Muslim Personal Law Board opposed the petitions to de-criminalise homosexuality.

The Supreme Court on Tuesday agreed to hear the petition filed by an NGO seeking to reverse the court’s judgment on Section 377, which makes gay sex a criminal offence.

The apex court referred the matter to a five-judge Constitution bench and assured that curative petitions for de-criminalising homosexuality would be listed at an early date. Kapil Sibal, arguing against Section 377, told the court that banning gay sex bound present and future generations to indignity and stigma. Christian church body and Muslim Personal Law Board have opposed the petitions against Section 377.

 The petition was heard by a bench of three senior-most judges – Chief Justice T.S. Thakur, Justice Anil R. Dave and Justice Jagdish Singh Khehar.

The issue caused flutters both in legal circles and amongst gay rights activists after the top court in December 12, 2013 upheld the validity of Section 377. In the review petition on January 28, 2014, the court again upheld the validity of Section 377, finding no constitutional infirmity in the penal provision that criminalises homosexuality.

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